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Advocates file lawsuit hoping to legalize same-sex marriage in New Jersey

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Garden State Equality chairman called N.J. civil union law a 'wall dividing the moral fabric of the state' Watch video

gay-marriage.JPGGay marriage groups rally outside the Statehouse in Trenton before a Senate vote in January 2010. That bill was defeated, but advocates are introducing a new lawsuit to legalize same-sex marriage.

TRENTON — Gay rights advocates this morning filed a lawsuit in state Superior Court arguing for same-sex marriage in New Jersey.

Garden State Equality Chairman Steven Goldstein called the state’s civil union law a “wall dividing the moral fabric of the state.”

“New Jersey: Tear down that wall,” he said, channeling former president Ronald Reagan.

The suit is led by Garden State Equality and joined by seven gay couples and several of their children.

Their main argument is that the state Supreme Court ruled in 2006 that same sex couples should be guaranteed the same rights as heterosexual married couples, but in a 4-3 vote left it up to the Legislature how to achieve that. The minority in that decision said the state needed to allow marriage for same-sex couples.

The Legislature chose civil unions instead, which come with the exact same legal rights.

But plaintiffs said the legal rights are only equal only in theory. They offered stories about trying to visit their partners in hospitals or make medical decisions for them, but being initially denied by staff who did not understand what a civil union was.

Daniel Weiss, for instance, had to show doctors his civil union ring to show that he could make medical decisions for his long-time partner, John Grant, after Grant was struck by a car and his skull shattered in Manhattan. Despite explaining it to attending doctors, the hospital called Grant’s sister up from Delaware – four hours away – to make medical decisions for him.

steven-goldstein.jpgSteven Goldstein, the Garden State Equality chairman, is hoping to legalize same-sex marriage in New Jersey. He is pictured above giving a speech in October.

“At the moment that we needed civil unions the most to provide equality, it failed for us miserably,” said Weiss. “To this day, the records at Bellevue Hospital do not recognize that I am the next of kin.”

A vote to legalize same-sex marriage failed in the state Senate last year, just before Gov. Chris Christie took office. Assemblyman Reed Gusciora (D-Mercer) this month did introduce a gay marriage bill in the Assembly. No companion legislation has been introduced in the Senate. Christie has vowed to veto any same-sex marriage bill that comes across his desk, and supporters say the only realistic way to get it done any time soon is through the courts.

Previous coverage:

N.J. gay marriage advocates seek legalization on heels of N.Y. law

Gay marriage legal in New York as Gov. Cuomo signs bill into law

N.J. lawmaker pushes for passage of gay marriage legislation

Braun: N.J. Supreme Court's refusal to hear gay marriage case raises question of Christie's influence

N.J. gay marriage supporters, protesters prepare for Supreme Court battle

N.J. Senate rejects bill legalizing gay marriage


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